Agenda and draft minutes

Licensing Sub-Committee - Wednesday, 12th January, 2022 10.00 am

Venue: A link to the meeting can be found on the front page of the agenda.. View directions

Contact: Elaine Tibble  01305 224202 Email: elaine.tibble@dorsetcouncil.gov.uk

Media

Items
No. Item

123.

Election of Chairman and Statement for the Procedure of the Meeting pdf icon PDF 133 KB

To elect a Chairman for the meeting and the Chairman to present and explain the procedure for the meeting.

 

Minutes:

It was proposed by Cllr Andrews, seconded by Cllr Fry.

 

Decision: that Cllr Emma Parker be elected as Chairman for the duration of the meeting.

124.

Declarations of Interest

To disclose any pecuniary, other registrable or non-registrable interests as set out in the adopted Code of Conduct. In making their disclosure councillors are asked to state the agenda item, the nature of the interest and any action they propose to take as part of their declaration.

If required, further advice should be sought from the Monitoring Officer in advance of the meeting.

 

Minutes:

No declarations of disclosable pecuniary interests were made at the meeting.

 

125.

Urgent items

To consider any items of business which the Chairman has had prior notification and considers to be urgent pursuant to section 100B (4) b) of the Local Government Act 1972. The reason for the urgency shall be recorded in the minutes.

 

Minutes:

There were no urgent items.

126.

Summary Review of Actors in Weymouth pdf icon PDF 374 KB

An application for a summary review of a premises licence was made by Dorset Police on 15th December 2021 following serious crime associated with the premises. The application must be considered at a hearing by a licensing Sub-Committee within 28 days of that application

 

Additional documents:

Minutes:

The report for an application for a summary review of a premises licence made by Dorset Police on 15th December 2021, following serious crime associated with the premises, was presented by the Licensing Team Leader who advised that Dorset Council had 1697 alcohol licensed premises, and in the 16 years of the Licensing Act there had only been 2 Summary Reviews.

 

The time scales for a summary review was very tight and the whole process had be completed with 28 calendar days of the police serving the application, however due to the Christmas break people had a longer period of time to send representations in and supplementary information had been supplied after the report was published.

 

All parties present at the sub-committee meeting had received three paginated bundles and eight CCTV clips together with a schedule of times of specific instances.  Due to the sensitivity and highly personal nature of some of the content, not all of the information had been published.

 

The Licensing Team Leader drew the sub-committee’s attention to the relevant roles on a licence, the Licence Holder and the DPS. 

 

She stressed that it was the licence holder that "owned" the licence and against whom this application was made. It would normally be the licence holder who would be the responding party. 

 

The licence holder in this case was a company called Darya Ltd, a private limited company which listed the nature of the business as

 

“Other business support service activities not elsewhere classified”

 

Darya Ltd had no employees. The company had been without a director or a person with significant control between 1 October and 22 December 2021. There was still no one listed with significant control. Although there was now a director – Ms Phillipa Holt.

 

Mr Praviz Marseh had been the person with significant control of the company until 25 May 2017 when it was passed to Afsheen Marseh, who was the sole share-holder.

 

According to council records Mr Parviz Marseh had been the premises licence holder from July 2013 - January 2017 when the licence was transferred to Darya Ltd.

 

He had been the DPS from 5 August 2015 to August 2017 when Kyle O'Connor was the DPS and from August 2020 to the present day.

 

Members were advised that a decision had to be made that day and once made consideration would need to be given to whether the interim steps should remain, as any decision would not take effect for the 21 day period when  any party could lodge an appeal. If a party were to appeal then any interim steps would remain in place until that appeal was determined.

  

All present in the meeting were invited to ask questions of the Licensing Team Leader prior to moving into exempt business.

 

127.

Exempt Business

To move the exclusion of the press and the public for the following item in view of the likely disclosure of exempt information within the meaning of paragraph x of schedule 12 A to the Local Government Act 1972 (as amended).

The public and the press will be asked to leave the meeting whilst the item of business is considered.

 

Minutes:

Proposed by Cllr Andrews, seconded by Cllr Fry.

 

Decision

 

That the press and the public be excluded for the following item(s) in view of the likely disclosure of exempt information within the meaning of paragraph 3 of schedule 12 A to the Local Government Act 1972 (as amended).

 

The Dorset Police Representatives were invited to put their case forward with the assistance of documented evidence and an explanation of the findings set out in the submitted heat maps covering the general Weymouth Town Centre area.

 

All Parties were given the opportunity to ask questions of Dorset Police.

 

11:47 – 12:00 comfort break.

 

On returning to the meeting the Barrister for the premises’ owner put his case forward together with input from Mr Marseh and Ms Holt.

 

All Parties were given the opportunity to ask questions of the Barrister, Mr Marseh and Ms Holt.

 

The Service Manager Licensing and Community Safety put Dorset Council’s case forward in support of Dorset Police’s application.

 

All Parties were given the opportunity to ask questions of The Service Manager Licensing and Community Safety.

 

All parties were given the opportunity to sum up their cases prior to the sub-committee retiring to make their decision.

 

14:10 – 15:00 Lunch break.

 

Sub-committee decision:

That the premises licence for Actors should be revoked. In addition, the Sub-Committee decided that the Interim Step of suspending the Premises Licence should remain in place pending any appeal to the Magistrates’ Court and determination of that appeal.